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New York StateUnified Court System

Existing Guardians Ad Litem


In General
Accepting GAL Appointments
Payment Procedure and Forms
Problems Collaborating with APS
Community Resources
Court Forms
GAL Litigant Brochures
Practical Workshop Series
GAL Case Summary Form
GAL Due Process Procedure
GAL Frequently Asked Questions

 

In General

Thank you for your dedication to serving some of New York City's most vulnerable people (namely, physically and mentally impaired people facing an eviction proceeding in Housing Court).  If you wish to find out information on how to obtain payment upon completion of an APS case, print relevant court forms or forms necessary to obtain payment, learn more about community resources, or view information on past and upcoming Practical Workshop Series Topics, you may do so from this site.

If you need additional information, feel free to call or send an email to Denise Colón‑Greenaway, Esq., MSW, Special Counsel for Court‑Based Interdisciplinary Programs, at (646) 386‑4200 or at GALCivil@courts.state.ny.us.

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Accepting GAL Appointments

Upon accepting an appointment, the GAL must do the following:

  1. Submit a written Consent and Affidavit in Support of GAL’s Ability to Answer for Damages to the Court. Copies of the GAL Consent Form and the Affidavit in Support of GAL’s Ability to Answer for Damages Form are available online and in the individual PARTS. Submission of these forms are required pursuant to CPLR Article 1202 (c).
  2. Make arrangements with the court attorney to obtain a copy of the Order of Appointment and make copies of the ward’s file as soon as possible. See Frequently Asked Questions for more information about getting started, duties, and other important aspects of GAL work.
  3. Immediately upon appointment, contact APS to determine if the ward is an active APS client. If the ward is not a client already and the ward is not currently being assessed for eligibility by APS, the GAL must make an APS referral. The GAL will then receive notification if the case is accepted. If the court or any other person or entity has already made a referral to APS but the ward is still being assessed for APS eligibility, the GAL must still follow-up with APS on the status of the referral and document the dates that he or she contacted APS for this purpose.
  4. For GAL appointments made on or after January 1, 2017: If the ward is an active APS client or currently being assessed for eligibility by APS, the GAL must submit a GAL Introduction Letter to APSCourtPayment@hra.nyc.gov within 10 days of the appointment date. Note: wards being assessed for APS services are not active APS clients until they are determined eligible for services by APS. See Payment Procedure and Forms for more details.


Payment Procedure and Forms

Upon consent, the Human Resources Administration (HRA) will compensate GALs for their work upon completion of a case, provided the ward is also an active APS client at the time of the appointment or becomes an active client during the course of the GAL’s representation, and provided the GAL performs the minimum requirements below. Compensation is fixed at $750 per case for any appointments made on or after January 1, 2017. Appointments made prior to January 1, 2017 will be compensated at $600 per case. The following types of cases are considered pro-bono and, as such, receive no compensation: (1) Cases in which APS is not involved, (2) cases in which APS determines the ward is ineligible for APS services, and (3) cases in which the ward is under assessment by APS but has not yet been found eligible for APS services before the conclusion of the GAL’s representation.

In order to ensure that payment is forthcoming, HRA requires that the GAL perform certain minimum actions in the service of their ward and submit certain documents.

To be eligible for compensation, the GAL must meet the following minimum requirements:

  1. Submit a completed “GAL Introduction Letter to APS” to HRA within ten calendar days of appointment. Submit all other required forms to HRA (see below: A. Procedure) once the Housing Court case has concluded.
  2. Meet with the ward personally.
  3. Discuss the case with APS.
  4. Investigate and bring to the Court’s attention all facts important to the ward’s case.
  5. Investigate as to whether the ward qualifies for any social services that could help resolve the case and make every effort to help the ward obtain such services.
  6. Appear on all court dates subsequent to appointment.
  7. Recommend to the Court a final outcome to the case that is in the best interests of the ward and tell the Court how the ward feels about the recommendation.
  8. Resolve the case.
The documents HRA requires GALs to submit will depend on the date listed in the GAL Order of Appointment.

A. Procedure:

For appointments made on or after January 1, 2017, the GAL must submit the following required documents:

  1. GAL Introduction Letter
  2. W-9 Federal Tax Form
  3. Invoice
  4. GAL Order of Appointment
  5. *Affirmation or Affidavit of Services (updated: see below)

For appointments made before January 1, 2017, the GAL must submit the following required documents:

  1. W-9 Federal Tax Form
  2. Invoice
  3. Order of Appointment
  4. Affirmation or Affidavit of Services
B. Forms:

GAL Introduction Letter: To receive payment for a case, this form must be emailed to APS at APSCourtPayment@hra.nyc.gov or faxed to 917-639-0364 within 10 calendar days of the date listed on the GAL Order of Appointment. This form allows APS to know who the appointed GAL is for any given case. To print a copy, please click on GAL Introduction Letter.

W-9 Federal Tax Form: This form must be submitted the first time a GAL submits a request for payment to HRA. This form does not have to be submitted in subsequent requests except when the GAL changes their address or their taxpayer Identification number. To print a copy, please click on W-9 Federal Tax Form.

Invoice: This form must be submitted each time a GAL requests payment from HRA. To print a copy, please click on Invoice.

Order of Appointment: GALs must submit the Court Order appointing them. This Order must be signed and dated by the Court.

Affirmation or Affidavit of Services: Section 1204 of the CPLR requires the GAL to file either an Affirmation or Affidavit of Services with the Court. Attorneys file an Affirmation of Services. Non-attorneys file an Affidavit of Services, which must be notarized. HRA, in turn, requires that a copy of this Affirmation or Affidavit of Services be included in all requests for payments by GALs to HRA.

      a. When submitting for payment for an appointment made prior to January 1, 2017 use the following forms: Affirmation of Services or Affidavit of Services
      b. When submitting for payment for an appointment made on or after January 1, 2017 use the following forms: Affirmation of Services or Affidavit of Services.

C. Submitting for Payment HRA has a dedicated electronic mailbox for GALs to use when submitting for payment. Please submit all required documents to the following email: APSCourtPayment@hra.nyc.gov or fax the required documents to 917-639-0364.

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Problems Collaborating with APS

Should a GAL experience any problems collaborating with APS that prevent the GAL from fulfilling his or her responsibilities, the GAL can complete a GAL Inquiry/Complaint to APS form and send it to the email address specified on the form. APS will review the complaint and reach out to the GAL within an appropriate time frame.

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Community Resources

Websites of interest

The following is a list of websites that provide excellent information on what to expect in Housing Court, details of nonpayment and holdover cases, and other procedural information.

NYS Unified Court System's Court Help          

Civil Court of the City of New York B Legal and Procedural Information (Housing)

LawHelp:  Fact sheets and booklets about legal rights

Office of the NYS Attorney General: Tenant's Rights Guide

NYS Department of Housing and Community Renewal ("DHCR")

NYC Rent Guidelines Board/Housing Resources

NYC Department of Housing Preservation and Development ("HPD")

FAQ about Marshals and Evictions:
marshal evictions
marshal judgments                               

NYC Department of Buildings: certificate of occupancy, violations  

NYC Department of Finance: owner information

Rent Stabilization Association (RSA): largest trade association
in New York City representing 25,000 property owners/agents
responsible for approximately one million units of housing. 

Mediation Referrals

Benefits for Seniors: Senior Citizen Rent Increase Exemption

Disability Rent Increase Exemption ("DRIE"): offers qualifying renters with disabilities  exemptions from rent increases.  Run by NYC Department of Finance.

NYC Bar Association Legal Help for the Public

Tenant.Net 

City-Wide Task Force on Housing Court                

NYU Furman Center's List of Affordable Housing Organizations in NYC

Met Council on Housing

Legal Referral List

 

Civil Court of the City of New York
Help Centers

Guardians Ad Litem are also encouraged to visit any one of the various Housing Court Help Centers. There, GALs may be able to obtain legal guidance and information from a Court Attorney experienced in landlord-tenant law. For more information on where each respective borough Help Center is located can be found at Help Centers.

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Court Forms

Housing court forms can be found at the clerk’s office in each courthouse or online.

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GAL Litigant Brochures

The GAL Program has created a brochure for litigants who are appointed a GAL. The brochure is available in English and Spanish. It details what to expect if a GAL is appointed to advocate on the litigant's behalf. It also describes the role of a GAL, what a GAL can and cannot do, and what to do if a litigant has a concern regarding their GAL.

GALs are strongly encouraged to send a copy of this brochure along with a letter of introduction to their ward, upon appointment.

GAL Litigant Brochure (English version)
GAL Litigant Brochure (Spanish version)
Guardians Ad Litem (GALs) in Housing Court- Information Sheet for OWNERS

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Practical Workshop Series

The Practical Skills Workshop Series consists of monthly workshops designed to supplement initial training provided to GALs and address issues relevant to their work.

Workshops are facilitated by guest speakers who are experts in the respective topic. The workshops physically take place at 111 Centre Street. However, for convenience purposes, they are also offered via video conference at the various courthouses.

For information on the next workshop being offered, please refer to GAL Practical Skills Workshop Series.

To obtain the handouts to workshops offered in the past, please refer to the relevant title below:

What All GALs Should Know About Article 81 Guardianship
How to Prepare for Trial
Working with Mentally Ill or "Difficult" Clients
Heavy Duty Cleanings: Parameters, Guidelines & Strategies for Working With Clients Who Exhibit Hoarding Behavior
NYCHA Administrative Procedures and Practices
APS Operations and Referrals
Understanding Section 8
Identifying Elder Abuse
• GAL Practice Issues: Ask Your Fellow GAL
• What makes a person "Article 81able"?
Immigration Status and Public Benefits Eligibility
Issues of Legal Importance Concerning Section 8
• Basics of Family Eviction Prevention Supplement (FEPS)
• Introduction to NYCHA Administrative Hearings and Article 78 Proceedings
• GAL Advocacy for Wards Living in SROs
• Case Law Updates and Practical Suggestions Applicable to Housing Court GALs
• "Basics of Family Eviction Prevention Supplement (FEPS)"
• "Introduction to NYCHA Administrative Hearings and Article 78 Proceedings"
• "GAL Advocacy for Wards Living in SROs"
• "Case Law Updates and Practical Suggestions Applicable to Housing Court GALs"

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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